By: Lindsay S.B. No. 714
A BILL TO BE ENTITLED
AN ACT
relating to the liability of a taxing unit for the fee of an
attorney ad litem in a suit to collect delinquent ad valorem taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.49, Tax Code, is amended by amending
Subsection (a) and adding Subsection (c) to read as follows:
(a) Except as provided by Subsections [Subsection] (b) and
(c), a taxing unit is not liable in a suit to collect taxes for court
costs, including any fees for service of process, an attorney ad
litem, arbitration, or mediation, and may not be required to post
security for costs.
(c) A taxing unit is liable for reasonable attorney ad litem
fees approved by the court if:
(1) the suit is dismissed before a judgment is
rendered; or
(2) a judgment is rendered in the suit under which the
taxing unit is not entitled to recover any amount.
SECTION 2. This Act takes effect September 1, 2003. The
changes in law made by this Act apply to a suit to collect
delinquent ad valorem taxes that is pending on September 1, 2003, or
that is filed on or after September 1, 2003, in which the court
orders the appointment of an attorney ad litem to represent the
interests of a defendant.